LAWS(KAR)-2007-9-1

NARAYAN JOTIBA KOCHERI Vs. BHARAT SANCHAR NIGAM LTD

Decided On September 28, 2007
NARAYAN JOTIBA KOCHERI Appellant
V/S
BHARAT SANCHAR NIGAM LTD. Respondents

JUDGEMENT

(1.) EVERY disciplinary proceeding by an employer is made subject-matter of a writ petition just because the employer happens to come within the definition of 'state' for the purpose of Art. 12 of the Constitution of India.

(2.) EVERY order of punishment imposed on an employee in such disciplinary proceeding is also argued as a Regular First Appeal inviting the attention of the High Court in a petition under Art. 226 of the Constitution of India to re-appreciate the evidence to examine questions of fact, law etc. , one such petition is the present writ petition wherein the petitioner, an employee of M/s. Bharat Sanchar nigam Limited was proceeded against in a departmental enquiry proceeding and was found guilty of certain charges for which, the petitioner was imposed punishment of reduction of pay scale by four stages.

(3.) APPEAL to the appellate authority having failed, the present writ petition.